Legal Opinion

B.E. Capital Management Fund LP v. Fund.com Inc.

Court of Chancery of Delaware

Decided October 4, 2017No. CA 12843PublishedCited by 11 opinions

1Opinion of the Court

OPINION

LASTER, V.C.

On October 21, 2016, petitioner B.E. Capital Management Fund LP sought the appointment of a receiver for respondent Fund.com Inc. (the “Company”) on the grounds that the Company had abandoned its business. The Company did not respond to the petition. Nor did anyone else. By order dated November 29, 2016, the court entered a default judgment and appointed Thomas Braziel as receiver of the Company (the “Receiver”).

The Receiver commenced a process for marshalling the Company’s assets, determining its liabilities, and winding up its affairs. The court set a bar date of April…

2Cases cited23 opinions

  1. Malpiede v. TownsonSupreme Court of Delaware · 2001
  2. Ely-Cruikshank Co. v. Bank of MontrealNew York Court of Appeals · 1993
  3. Desert Equities, Inc. v. Morgan Stanley Leveraged Equity Fund, II, L.P.Supreme Court of Delaware · 1993
  4. Gotham Partners, L.P. v. Hallwood Realty Partners, L.P.Supreme Court of Delaware · 2002
  5. Williams v. GeierSupreme Court of Delaware · 1996

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3Cited by11 opinions

  1. B.E. Capital Management Fund LP v. Fund.com Inc.Court of Chancery of Delaware · 2026
  2. Beautycon Media ABC Trust v. New General Market Partners, LLCSuperior Court of Delaware · 2023
  3. Beautycon Media ABC Trust v. New General Market Partners, LLCSuperior Court of Delaware · 2023
  4. CHC Investments, LLC v. FirstSun Capital BancorpCourt of Chancery of Delaware · 2020
  5. Grassi Fund Administration Services, Inc. v. Crederian, LLCCourt of Chancery of Delaware · 2022

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